NCLT Rejects Guarantor Moratorium Plea, Allows Corporate Insolvency Over ₹46.62 Cr Financial Default Despite Guarantor Proceedings [Read Order]

The National Company Law Tribunal has allowed the insolvency cases and found that insolvency of personal guarantors does not provide a legal bar on filing and prosecuting insolvency proceedings for the same underlying obligation. The Bench is considering a petition filed by ASREC India Limited under the provisions of Insolvency and Bankruptcy Code to initiate…

NCLAT Quashes Guarantor Insolvency Proceedings Filed Before Different NCLT Bench Than CIRP

The National Company Law Appellate Tribunal (NCLAT) at New Delhi, has quashed insolvency proceedings against a personal guarantor after finding that the corporate debtor’s Corporate Insolvency Resolution Process (CIRP) was pending before another NCLT Bench. The bench of Judicial Member Justice Sharad Kumar Sharma and Technical Members Arun Baroka and Indevar Pandey held that where…

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